Filed Date: March 1, 2013
Closed Date: July 24, 2014
Clearinghouse coding complete
This is a case about a protection and advocacy (P&A) agency’s records access authority. On March 1, 2013, Disability Law Center of Arkansas (Arkansas P&A) filed this lawsuit in the U.S. District Court for the Eastern District of Arkansas. Arkansas P&A filed this lawsuit against Baptist Health, which operates multiple healthcare facilities in Arkansas. Arkansas P&A alleged that Baptist Health violated the Protection and Advocacy for Individual Rights Act (PAIR Act) when they denied Arkansas P&A records concerning three restraint-related deaths at Baptist facilities. Arkansas P&A sought an order providing it access to the records and facilities, as well as attorneys' fees. Judge James Leon Holmes presided over this matter.
This lawsuit began after the Arkansas P&A received a notification from the Center for Medicare and Medicaid Services (CMS) that three Baptist facility residents died in restraints in a one-month period. Subsequently, the Arkansas P&A requested records from Baptist concerning the deaths and practices concerning restraints. Baptist asserted that the P&A could not access the records because none of the individuals had disabilities. Baptist also denied the P&A access to its physical facilities to access these records, leading to Arkansas P&A filing this lawsuit.
On January 17, 2014, the Arkansas P&A filed a Motion to Compel Answers to Interrogatories and Requests for Production of Documents. The production of documents requests included the records at subject in the PAIR Act records request. On January 28, 2014, the court granted the Arkansas’s P&A in part, requiring that Baptist provide them with interrogatory answers and requests for production concerning Baptist’s claim that the individual did not have a disability. However, the court denied the P&A’s other requests for interrogatories and production of documents. On July 24, 2014, the court granted the Arkansas P&A's motion for voluntary dismissal without prejudice. The case remains closed.
Summary Authors
NDRN (4/11/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5516191/parties/disability-rights-center-of-arkansas-inc-v-baptist-health/
Holmes, James Leon (Arkansas)
See docket on RECAP: https://www.courtlistener.com/docket/5516191/disability-rights-center-of-arkansas-inc-v-baptist-health/
Last updated April 11, 2024, 12:39 p.m.
State / Territory: Arkansas
Case Type(s):
Key Dates
Filing Date: March 1, 2013
Closing Date: July 24, 2014
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Disability Rights Center of Arkansas, a protection and advocacy organization
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Baptist Health (Little Rock, Pulaski), Non-profit or advocacy
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Disability and Disability Rights: